PEOPLE v. ROSADO

Nos. 5614, 3110/09

88 A.D.3d 454 (2011)

930 N.Y.S.2d 10

2011 NY Slip Op 6936

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ADAN ROSADO, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 4, 2011.


The evidence was legally insufficient to establish that either the broken nose or the three chipped teeth sustained by the victim constituted serious physical injury, an element of gang assault in the second degree. Neither of these injuries "creat[ed] a substantial risk of death, or . . . caus[ed] death or serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ" (Penal Law § 10.00 [10...

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